On Tuesday, Salon published an article titled “5 Ways Corporate HR Departments Monitor Your Movements – Even When You’re Not Working.” Because we’re always interested in the subject of employee monitoring, we eagerly clicked...more

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

Employers, both public and private, are using social media websites such as Facebook, Twitter, Instagram, and LinkedIn, to learn about prospective or current employees. Some employers have even gone so far as to request that...more

With new social media apps and platforms arriving seemingly daily, and employees spending increasing amounts of time on social media, employers are well advised to consider the potential ramifications for the workplace. Here...more

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices....more

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

In Parts One and Two of this e-alert series, we discussed the federal Computer Fraud And Abuse Act ("CFAA") and its California corollary the California Computer Data Access And Fraud Act (CDAFA). In Part Three, we provide a...more

The Nutshell -
Effective July 1, 2015, Virginia Code § 40.1-28.7:5 prohibits employers from requiring that current or prospective employees disclose information about their personal social media accounts....more

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre...more

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

Last week, LinkedIn agreed to pay $13 million and change some of the site’s features to settle a class action lawsuit filed against it in 2013 alleging that it used the Add Connections feature to access users’ email contacts...more

As in, “Way Too Frequently” we are hearing and reading about cyber and data breaches. The ironic hack du jour: LastPass. Wait for it: A company that lets a customer store all of his or her passwords online in a single storage...more

One of the FDA’s recent biosimilar guidance documents has drawn criticism for eliminating labeling information necessary for physicians to make prescribing decisions. The guidance document, titled, “Scientific Considerations...more

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Video vigilantes are on the rise, and their recordings can quickly go viral. What should employers do to prepare for, handle and prevent covert recordings made in the workplace?
Just a few short years ago HR and...more

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’...more

Connecticut Governor Daniel Malloy signed Connecticut’s new social media law on Tuesday, May 19, 2015 prohibiting employers from:
(1) requesting or requiring that an employee or applicant provide the employer with a user...more

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

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